Commuted pension tax treatment: part exempt, part taxable; exemption reduced where gratuity is received. Uncommuted pension is fully taxable as salary; commuted pension is partly exempt and partly taxable. Compute a notional full pension value from the commuted payment and apply an exemption fraction: if no gratuity is received, one half of the notional full pension value is exempt; if gratuity is received, one third is exempt. The remainder of the commuted payment is chargeable to tax as salary and must be added to taxable uncommuted pension to determine total taxable pension income.
Gratuity exemption: least of three test determines exempt portion for noncovered employers; excess gratuity is taxable. Gratuity from a noncovered employer is exempt to the extent of the least of three amounts: the service based fraction computed from the average monthly salary (which includes basic pay, one month's dearness allowance, and average monthly commission), the statutory monetary ceiling, and the gratuity actually received; any excess over that exempt amount is taxable.
Gratuity exemption: part determined by 15 days salary times completed years, excess treated as taxable salary. Gratuity exemption is determined by taking the least of: the product of 15 days' salary and completed years of service, the statutory ceiling, and the gratuity received. Completed years may be rounded to include qualifying months. The exempt portion is that least amount; any excess over the exempt amount is taxable as salary income in the assessment year.
Gratuity exemption under Section 10(10)(i) remains available even if retiree accepts private sector employment after retirement. Gratuity paid to a government employee on retirement is fully exempt from income tax under the governing gratuity exemption provision, and that exemption remains available even if the retiree subsequently accepts employment in the private sector.
Comparison of Section 38 "Certain sums deemed as profits and gains of business or profession" between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)
21 August, 2025
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Recapture of previously claimed deductions: reversals, recoveries and asset disposals treated as business income under tax law. Certain receipts are deemed profits and gains where they reverse or offset earlier deductions or allowances: remission or cessation of trading ... Summary
Recapture of previously claimed deductions: reversals, recoveries and asset disposals treated as business income under tax law.
Certain receipts are deemed profits and gains where they reverse or offset earlier deductions or allowances: remission or cessation of trading liabilities; gains on disposal of tangible assets where proceeds plus scrap value exceed written down value; sale of research capital assets sold without other use where proceeds plus prior deductions exceed capital expenditure; recoveries of bad debts previously deducted; and withdrawals from special reserves previously deducted. Applicability requires that the earlier allowance was made in assessment, assets were used for business or profession with depreciation claimed and allowed, and research assets were not used for other purposes; successors in business are within scope.
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